Making a Claim for Medical Negligence *

The process for making a medical negligence claim * in Ireland is different when compared to other personal injury claims.

Personal injury claims, in general, are first passed through the Injuries Board for assessment, before they reach a court hearing.

Medical negligence claims * on the other hand, are brought straight to court and are not assessed by the Injuries Board.

If you do feel like you are subject to medical negligence or malpractice, you can take the following steps to proceed with your claim *.

Record the date and time of the incident and the details of the type of care received.

Retain any medical records relating to the incident

Take a photo of any visible injuries sustained as a result of the medical negligence *

1. Speak to a Medical Negligence Solicitor *

Medical negligence is a very complex topic in Irish Law and attempting to proceed alone without the help of a solicitor may result in you missing some crucial steps. Your solicitor can then guide you through the next steps to ensure that the claim procedure runs as smoothly as possible for you.

2. Medical Records

Generally, after discussing your situation in detail with you, your solicitor will request access to your medical records.
An independent medical expert in the field of interest will then review your case.

This is to attempt to determine whether you have indeed been subject to substandard medical care and medical negligence *. Your injuries/illness will also be assessed to determine if they could have been avoided.

3. Letter of Claim

Your solicitor will then draft a letter of claim and send it to the relevant people involved. A letter of claim outlines the nature of your medical negligence * and invites the medical practitioners at fault to settle your claim.

The next steps involved will heavily depend on the nature of your claim and the response to your claims letter.

This will determine whether your medical negligence claim is brought to a court hearing or settled outside of court. Your solicitor will be in a position to advise on the best course of action once medical negligence * is confirmed and a letter of claim is sent to the relevant parties.

How is Compensation Calculated? *

Following a medical negligence claim *, the compensation that a person receives is known as damages:

General Damages

Non-financial damages include; pain and suffering, physical and emotional damage, loss of quality of life, and loss of opportunity.

Special Damages

These refer to out of pocket expenses incurred as a result of medical negligence. For example, loss of earnings and future earnings (if you were out of work), current and future medical bills, care fees, costs of adapting a home, physiotherapy fees, and fees for medical equipment / ongoing medication needed.

The amount of compensation you claim for a medical negligence case * will depend on certain factors like:

Medical History:

If you have experienced similar medical issues in the past

Long-term effects of your injury/illness:

This comes down to the estimated lifespan of both people. For example, an 18-year-old person that suffered a lifelong injury or illness may be awarded more than an 80-year-old person who suffered an injury/illness.

Type of injury or illness sustained:

Injuries arising from medical negligence range from minor to serious and a court may award higher compensation to an individual with a serious injury than that of a person with a minor, treatable injury.

Statute of Limitations – Legal Time Frames

It is important to remember that Medical negligence cases * require certain time frames in place within which you can bring a claim.

For medical negligence claims * it is two years less a day following the date of the incident or 2 years less a day following the date that a person made the connection that their illness or injuries were a result of medical negligence *.

Medical Negligence * involving Children

In an unfortunate incident where a child is subject to medical negligence *, the process of making a claim differed from that of an adult. A minor can bring a claim for medical negligence * in the first two years following their 18th birthday.

With 30 years’ experience as specialist medical negligence solicitors *, Tracey Solicitors, ensure not to overwhelm you with legal jargon and can provide you with legal advice and guidance with your best interest at heart, in a language that you can understand.